Legal Opinion

Virgie Lee Otey v. Melvin Marshall

Court of Appeals for the Eighth Circuit

Decided July 30, 1997No. 96-3291PublishedCited by 116 opinions

1Opinion of the Court

MAGILL, Circuit Judge.

Larry Smith was the police chief of Elaine, Arkansas, when Charles Otey was killed by an Elaine police officer. The administrator of Otey’s estate brought this 42 U.S.C. § 1983 (1994) suit against Chief Smith, alleging that Chief Smith had failed to supervise and train the officer who had killed Otey. Chief Smith moved the district court for summary judgment on the ground of qualified immunity, and the district court denied the motion. Chief Smith now appeals the district court’s denial of summary judgment, and we reverse.

I

Elaine, Arkansas, is a small community near the…

2Cases cited11 opinions

  1. City of Canton v. HarrisSupreme Court of the United States · 1989
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Mitchell v. ForsythSupreme Court of the United States · 1985
  4. Tennessee v. GarnerSupreme Court of the United States · 1985
  5. Johnson v. JonesSupreme Court of the United States · 1995

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3Cited by116 opinions

  1. Parrish v. BallCourt of Appeals for the Eighth Circuit · 2010
  2. S.M. v. Michael KrigbaumCourt of Appeals for the Eighth Circuit · 2015
  3. Peggy Poe v. John Leonard, Defendant-Third Party-Plaintiff-Appellant, Douglas Pearl, State of Connecticut, Third-Party-DefendantCourt of Appeals for the Second Circuit · 2002
  4. United States v. Ray Shumway Molly ShumwayCourt of Appeals for the Ninth Circuit · 1999
  5. Grancid Camilo-Robles v. Jose R. Zapata, A/K/A Jose R. Zapata-RiveraCourt of Appeals for the First Circuit · 1999

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